Terms and Conditions
1. Definitions and Interpretation
2. Age Restrictions
3. Business Customers
4. Intellectual Property
4.1 Subject to
the exceptions in Clause 5 of these Terms and Conditions, all Content included
on Mago on Demand, unless uploaded by Users, including, but not limited to,
text, graphics, logos, icons, images, sound clips, video clips, data
compilations, page layout, underlying code and software is the property of Sedona
Mago, Our affiliates or other relevant third parties. By continuing to use Mago
on Demand you acknowledge that such material is protected by applicable U.S.
and International intellectual property and other laws.
5. Third Party
Intellectual Property
5.1
Unless otherwise expressly indicated, all Intellectual Property rights
including, but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products as
may be applicable.
6. Fair Use of
Intellectual Property
7. Links to Other Websites
8. Links to this Website
9. Use of Communications
Facilities
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 Unless we indicate otherwise, submissions should be made using the English language as We may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Sedona Mago or Our affiliates; and
9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
9.2 You acknowledge that Sedona Mago reserves the right to monitor any and all communications made to Us or using Our System. 9.3 You acknowledge that Sedona Mago may retain copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
10. Accounts
11. Termination and
Cancellation of Accounts
11.1
Either Sedona Mago or you may terminate your Account. If We terminate your
Account, you will be notified by email and an explanation for the termination
will be provided. Notwithstanding the foregoing, We reserve the right to
terminate without giving reasons.
12. Services, Pricing
and Availability
12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on Mago on Demand.
12.4 All pricing information on Mago on Demand is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
12.6 All prices on Mago on Demand do not include any applicable taxes.
13. Orders and Provision
of Services
13.1 No part of this Website constitutes a contractual offer capable of acceptance.
Your order constitutes a contractual offer that We may, at Our sole discretion,
accept. Our acceptance is indicated by Us sending to you an order confirmation
email. Only once We have sent you an order confirmation email will there be a
binding contract between Sedona Mago and you.
13.2
Order confirmations under sub-Clause 13.1 will be sent to you before the
Services begin and shall contain the following information:
13.2.1 Confirmation of the Services
ordered including full details of the main characteristics of those Services;
13.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
13.2.3 Relevant times and dates for the provision of the Services;
13.2.4 User credentials and relevant
information for accessing those services.
13.3 If We, for any reason, do not accept your order, no payment shall be taken
under normal circumstances. In any event, any sums paid by you in relation to
that order will be refunded within 14 calendar days.
13.4 Payment for the Services shall be taken via your chosen payment method,
immediately for any setup fee that corresponds to the service plan you
purchased and at the same day of each subsequent month (“Billing Cycle”) for
charges accrued during the previous month or Billing Cycle AND/OR as indicated
in the order confirmation you received.
13.5 We aim to fulfill your Order within 2-3 business days or if not, within a
reasonable period following your Order, unless there are exceptional
circumstances. If we cannot fulfill your Order within a reasonable period, we
will inform you at the time you place the Order by a note on the relevant web
page or by contacting you directly after you place your Order. Time is not of
the essence of the Contract, which means we will aim to fulfill your Order
within any agreed timescales, but this is not an essential term of the Contract
and we will not be liable to you if we do not do so. If the Services are to
begin within 14 calendar days of Our acceptance of your order, at your express
request, you will be required to expressly acknowledge that your statutory
cancellation rights, detailed below in Clause 14, will be affected.
13.6 Sedona Mago shall use Our reasonable best efforts to provide the Services with
reasonable skill and care, commensurate with best trade practice.
13.7 In the event that Services are provided that are not in conformity with your
order and thus incorrect, you should contact Us immediately to inform Us of the
mistake. We will ensure that any necessary corrections are made within five (5)
business days.
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
13.8 Sedona Mago provides technical support via our online support chat and/or phone. Sedona Mago will do its best to respond to support requests within 4 hours during the business hours of 9am to 6pm U.S. Mountain Standard Time, but we do not guarantee a particular response time.
14. Cancellation of
Orders and Services
For detailed cancellation instructions and policy, please visit our Cancellation Policy page. which is incorporated into these Terms and Conditions by this reference.
14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Sedona Mago and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: education@SedonaMagoRetreat.org. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 business days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
15. Privacy
16. How We Use Your
Personal Information (Data Protection)
16.2 We may use your personal information to:
16.2.1 Provide Our Services to you;
16.2.2 Process your payment for the Services; and
16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the FTC Act and other consumer protection laws and should use and hold your personal information accordingly.
16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
17. Disclaimers
17.1 We make no warranty or representation that Mago on Demand will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
17.2 No
part of this Website is intended to constitute advice and the Content of this
Website should not be relied upon when making any decisions or taking any
action of any kind.
17.3 No
part of this Website is intended to constitute a contractual offer capable of
acceptance.
17.4 While We will use our reasonable best efforts to ensure that Mago On Demand is secure and free of errors, viruses and other malware, it is advisable that you take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the
Facilities and these Terms and Conditions
19. Availability of Mago
On Demand
19.1 Mago On Demand is provided “as is” and on an “as available” basis. Sedona Mago uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that Mago on Demand or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 We accept no liability for any disruption or non-availability of Mago on Demand resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of
Liability
20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of Mago on Demand or any information contained therein. You should be aware that you use Mago on Demand and its Content at your own risk.
20.2
Nothing in these Terms and Conditions excludes or restricts Sedona Mago’s
liability for death or personal injury resulting from any gross negligence or willful
misconduct on the part of Sedona Mago.
20.3
Except to the extent permitted by law, these Terms and Conditions do not
exclude or restrict Sedona Mago’s liability for any direct or indirect loss or
damage arising out of the incorrect provision of Services or out of reliance on
incorrect information included on Mago on Demand.
20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
22. Previous Terms and Conditions
23. Third Party Rights
24. Communications
24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to education@SedonaMagoRetreat.org. Such notice will be deemed received 3 business days after mailing if sent by first class mail, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any marketing email which you receive from Us.
25. Law and Jurisdiction
25.1 We Both Agree to Arbitrate: Any claim or dispute arising out of, or relating in any way to, these Terms, the use of any Services on this Website, other services provided by Provider, or the relationship between you and Provider except for small claims court cases that qualify ("Dispute") shall be resolved by final and binding arbitration, rather than in court. Disputes subject to arbitration include, but are not limited to: (i) claims based in contract, tort, statute, and/or any other legal theory (including, but not limited to, personal injury, misrepresentation, fraud, negligence, undue influence, infliction of emotional distress, unfair business practice, consumer protection law violation, and RICO violation); (ii) claims that arose before these Terms or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) claims that may arise after the termination or expiration of these Terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any claims or disagreements relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, the arbitrability of any Dispute and any claim that all or any part of these Terms is invalid, void, or voidable. There is no judge or jury in arbitration. However, an arbitrator can award the same damages and relief as a court.
25.2 No Class Actions: Any arbitration, lawsuit, or other proceedings to resolve a Dispute will be conducted on an individual basis and not in a class, consolidated, collective, or private attorney general action.
25.3 No Jury Trial: If for any reason a Dispute proceeds in court rather than in arbitration, each party waives any right to a jury trial.
25.4 Arbitration Rules: The arbitration process may be initiated by either party upon written notice sent to the other. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes ("AAA Rules"), which are available at www.adr.org or 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator and will take place in the county where you reside or at another mutually agreed location. You understand that for claims of $10,000 or less, you can choose whether the arbitration is carried out based only on written submissions, by a hearing in-person or by phone. The arbitrator shall be bound by the terms of these Terms.
25.5 Confidentiality: Except as may be permitted or required by law, neither you, the arbitrator, nor Provider may disclose the existence, content, or results of the arbitration without the prior written consent of all parties to the arbitration. Nothing from the arbitration may be introduced in any form in future arbitrations, court actions or any other proceedings except to enforce the arbitration award.
25.6 Exceptions to Agreement to Arbitrate: Either you or Provider have the right to seek relief in the appropriate court to prevent any actual or threatened breach of the Confidentiality provision in this section or the Intellectual Property Protections provision in the Limitations on Use section of these Terms.
25.7 Fees and Costs: Each party shall bear his, her, or its own attorneys’ fees and costs. The AAA Rules will govern payment of all filing, administration, and arbitrator fees. You understand Provider has agreed to reimburse the filing, administration, and arbitrator fees incurred by you for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
25.8 Stay of Certain Disputes: If the arbitrator or a court determines that any part of the dispute is not subject to arbitration, the part of the dispute not subject to arbitration shall be stayed pending resolution of the arbitration.